No commencement notice

mickdw

What needs to be done is the case of a house built in 2007 & no commencement notice submitted?
The house has now come up for sale.

Supertech

If no commencement notice has been submitted there is nothing that can be done - you can't submit retrospectively.

DOCARCH

Supertech is correct. There is nothing that can be done now. It should have been submitted but it's not the end of the world either - it really should not effect the sale of a house.

sydthebeat

Supertech wrote: »

If no commencement notice has been submitted there is nothing that can be done - you can't submit retrospectively.

beg to differ on that one.... we have frequently sent in commencement notices when the house was complete. Simply to satisfy fussy solicitors who dont understand the spirit behind a commencement notice.

Jimbo

Ive seen it stated on certs of compliacne that a comencment notice wasn't submitted due to an oversight. Some solicitors are happy with this.

DOCARCH

sydthebeat wrote: »

beg to differ on that one.... we have frequently sent in commencement notices when the house was complete. Simply to satisfy fussy solicitors who dont understand the spirit behind a commencement notice.

I previously spoke to Building Control in Dublin City Council and offered to send in retrospective commencement notice where one was not submitted at commencement. They said there was absolutley no point.

I'd agree with Jimbo.

sinnerboy

DLRCC won't entertain a week late - never mind a several years late - commencement notice .

Impractical solicitors - in my experience - can clock up hours of pointless workload . Billable for them - not for us .

muffler

DOCARCH wrote: »

I previously spoke to Building Control in Dublin City Council and offered to send in retrospective commencement notice where one was not submitted at commencement. They said there was absolutley no point.

I'd agree with Jimbo.

That would be correct. You cant give notice of intention to carry out development when said development has been completed. I know that here in Donegal they (BC) wont accept them unless they fall within the prescribed time frame.

Jimbo wrote: »

Ive seen it stated on certs of compliacne that a comencment notice wasn't submitted due to an oversight. Some solicitors are happy with this.

I have done several like this over the years and have simply certified that there was no evidence of a commencement notice having been submitted as required under the building control act. never had a problem with any of them.

In fact, just a few months ago I got a phone call from a solicitor (I think she had just qualified) asking me what happened in these circumstances. I told her that I hadn't the foggiest notion as I simply sent the certs to the solicitors and it was up to them to decide if there were any legal implications or not.

Dont think she was too impressed

Poor Uncle Tom

The Commencement Notice contains information as set out which is required under Building Regulations to be forwarded to Building Control at the prescribed period prior to construction commencing. It is possible to be fined, or imprisoned, or both, for not complying with the regulation, but I have never seen this enforced.

For one Certificate of Compliance where the solicitor was very sticky on this point, we put the information asked for on the Commencement Notice onto a letter and submitted it onto the planning file. We were then able to certify that the information required on the Commencement Notice had been submitted to the planning file, and the solicitor was happy.

DOCARCH

Poor Uncle Tom wrote: »

It is possible to be fined, or imprisoned, or both, for not complying with the regulation, but I have never seen this enforced.

AFAIK, it's a civil offence not a criminal offence so you cannot be imprisoned? I stand to be corrected.

On the other side, breach of planning is a criminal offence so you can be fined and/or imprisoned.

Poor Uncle Tom

The following is taken from a LA website, Longford County Council, I think.

What happens if I don’t submit a Commencement Notice to the Building Control Authority?
The primary responsibility for compliance rests with designers, builders and building owners. Building control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution, where breaches of the regulations occur.

There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.

Finally, there is no facility within the Building Control Regulations for a relaxation on the requirement to submit a Commencement Notice; therefore the Building Control Authority cannot accept a Commencement Notice after the required period.